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Self-Disclosure: The Importance and Process for Providers

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Self-Disclosure: The Importance and Process for Providers. Mary Kay DelGiacco Johanna De Rosby August 6, 2014. Mission Statement. - PowerPoint PPT Presentation
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Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.
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Page 1: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

Page 2: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

Mission Statement

Our mission is to enhance the integrity of the New York State Medicaid program by preventing and detecting fraudulent, abusive, and wasteful practices within the Medicaid program and recovering improperly expended Medicaid funds while promoting high-quality patient care.

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Page 3: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

Providers who identify Medicaid over-payments are obligated to return those funds.

Patient Protection and Affordable Care Act (ACA) Section 6402 of PPACA18 NYCRR 515.2

No other state agency has authority to process Medicaid self-disclosures (Public Health Law §§ 30, 31, and 32(18))

Background

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Page 4: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

Background (Continued)

Failure to self-disclose when finding a problem may expose the “person” to liability under the False Claims Act, including whistleblower actions, treble (i.e., three times the amount) damages, and penalties.

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Page 5: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

Why Self-Disclose?

Obligated by lawClaims covered by self-disclosure will not be

audited again for same issue and dates of service.

Six-year look-back periodProvider performs the audit, not OMIG

Less disruptive to provider

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Page 6: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

Why Self-Disclose? (continued)

Extended repayment terms possible for demonstrated financial hardship

No penalties or sanctions

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Page 7: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

Who Files the Self Disclosure?

Possibilities: The president, CEO, or CFO of the companyAttorney representing the provider The corporate compliance officer

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Page 8: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

When to Disclose

Under ACA, Medicaid overpayments should be reported and returned to OMIG: by the later of:

(a) the date which is 60 days after the date on which the overpayment was identified; or

(b) the date any corresponding cost report is due, if applicable.

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Page 9: Self-Disclosure: The Importance and Process for Providers

04/20/23 9Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

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At www.omig.ny.gov

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Page 10: Self-Disclosure: The Importance and Process for Providers

04/20/23 10Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

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Everything you need is on this page. Start with the checklist; refer to guide to provider overpayment reporting and data request from providers.

Page 11: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

Information on OMIG Web Site

OMIG Self-Disclosure ProgramSubmission ChecklistGuidelines for Provider Overpayment

ReportingProvider Universe and Sample Request

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Page 12: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

Self-Disclosure Checklist (Partial) from OMIG Web Site

Self-Disclosure Submission GuidelinesA self-disclosure submission requires both a letter and a claim file(s) of impacted Medicaid claims.Submission LetterComplete description of circumstances surrounding the disclosure including:Provider nameMedicaid MMIS ID and NPI number of the billing providerThe error that occurredHow the error was foundAny relevant facts including total amount billed and amount of overpayment by Medicaid

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Page 13: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

Self-Disclosure Checklist (Partial) from OMIG Web Site (Continued)

Identify : The time period the claims error encompasses Actions taken to stop the error and prevent

recurrence Personnel involved in the error occurrences, those

who discovered the problem, and those involved in Rectifying the problem Legal and Medicaid program rules implicated Disclosure contact person name, phone number, and

both correspondence and email addresses

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Page 14: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

How to Disclose

Contact the OMIG Self Disclosure Unit by letter to:

NYS Office of Medicaid Inspector GeneralSelf-Disclosure Unit800 North Pearl StreetAlbany, New York 12204-1822

E-mail: [email protected]

Page 15: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

How to Disclose (continued)

Through OMIG’s Recovery Audit Contractor (RAC):

HMS PORTal •https://ecenter.hmsy.com/shr/controller

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Page 16: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

How to Disclose (continued)

For assistance filing a disclosure See the OMIG Web site Reference the Self-Disclosure submission

documents Call for advice: 518-402-7030, ask for Self-

Disclosure

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Page 17: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

Examples of What to Disclose

Claims billed in errorBilling software errorDuplicate billingExcluded individualForged documentationFraudulent time billed

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Page 18: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

Examples of What to Disclose (continued)

Inadequate credentialsIncorrect rate code usedServices billed not performedDeficient service planSupport documentation deficient/missingTreatment plans deficient/missing

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Page 19: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

Examples of What to Disclose (continued)

Remember:

Payment for any service ordered by, or provided by, an excluded person is an overpayment requiring disclosure.

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Page 20: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

What to Submit

Letter or secure e-mail describing the overpayment Excel file of the overpayment claims billed to Medicaid

on a CD or in electronic format Statistical sampling:

Method must be submitted for review to OMIG Can be requested from OMIG

Underpayments must be re-billed to eMedNY

Note: Do not submit a check with your self-disclosure20

Page 21: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

Method of SubmissionSubmissions containing protected health

information (PHI) should be sent by:

Secure e-mail, courier (Fed Ex, UPS, etc.), certified mail or

HMS Portal https://ecenter.hmsy.com/shr/controller

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Page 22: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

Method of Submission

E-mail may be used for the initial disclosure notification to OMIG and subsequent informal exchanges.

Direct e-mail to the Self-Disclosure Unit: [email protected]

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Page 23: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

The Process

Receive Disclosure Review the disclosure for completenessValidate Provider Disclosure

Submitted claims will be verified against the Medicaid database for accuracy and current payment amount

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Page 24: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

The Process (continued)

Confirm Findings with Provider Our staff will work with the provider to resolve

any issues.Finalize Disclosure Upon completion, a final letter will be sent to the

provider indicating completion of the case, the overpayment amount confirmed by OMIG, and the repayment requirements.

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Page 25: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

Repayment

Repayment instructions are included in the final letter.

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Page 26: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

We Want to Hear from YOU

Our new, improved Web site: www.omig.ny.govJoin our ListservFollow us on Twitter: @NYSOMIG“Like” us on FacebookDedicated e-mail: [email protected] than 4,500 final audit reportsAudit protocolsAnd much, much more!

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Page 27: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

How You Can Work With Us

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Page 28: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

Thank You

For listening to OMIG’s Webinar presentation today

For serving Medicaid consumersFor your commitment to integrity and quality

in the Medicaid program

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Page 29: Self-Disclosure: The Importance and Process for Providers

Fighting Fraud. Improving Integrity and Quality. Saving Taxpayer Dollars.

Contact Information

Mary Kay DelGiaccoJohanna De Rosby

Self-Disclosure Unit StaffNew York State Office of the Medicaid Inspector General

800 North Pearl StreetAlbany, New York 12204-1822

518-402-7030

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